Terms of Legal Services
General provisions
1.1. These "Terms of Provision of Legal Services Doniec Górecki & Partners" are an integral part of the contract on the provision of legal services concluded between the Principal and the Contractor.
1.2. The Contractor is a commercial law company established to provide legal services, under which general partners practice the profession of legal advisor. The Contractor provides legal services in accordance with the provisions of the Act of 6 July 1982 on legal advisers (i.e. of 25 October 2018, Journal of Laws of 2018, item 2115) and other legal acts regarding the pursuit of professional activity in the field of providing legal advice (legal assistance), as well as in accordance with the Code of Ethics for Legal Counsel and the Code of Ethics for European Lawyers (Council of Bars and Law Societies of Europe - CCBE).
Definitions
2.1. The terms used in the "Terms and Conditions for the Provision of Legal Services" have the following meanings:
a) "Terms of Provision of Legal Services", "Terms" - these Terms of Provision of Legal Services Doniec Górecki & Partners;
b) "Contractor" or "Law Firm" - Doniec Górecki & Partners Spółka komandytowa with its registered office in Kraków (ul. Stefana Korbońskiego 6, 30-443 Kraków), NIP 679-31-15-993, REGON: 362472945, entered in the register of entrepreneurs The National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Department of the National Court Register, under registration number KRS 0000574486;
c) "Principal" - a natural person, legal person or organizational unit without legal personality who commissions the Contractor to provide legal services under the Agreement;
d) "Parties" - the Contractor and the Principal;
e) "Agreement" - means an agreement on the provision of legal services concluded between the Parties regardless of the form and manner (manner) of its conclusion, the content of which is specified jointly - depending on the circumstances - by all or some of the indicated documents: (i) a separate document contracts signed by the Parties, (ii) mandate - a letter ordering or confirming the commission of legal services, (iii) Terms and Conditions for the Provision of Legal Services, (iv) other general conditions or reference documents adopted in a given case, including as attachments to the above, (v ) any changes or additions to the above - depending on the agreement of the Parties. In the event of a discrepancy between the above documents, priority shall be given in the order indicated above, subject to the changes and additions indicated in point (v);
f) "legal services", "services" - services rendered by the Contractor to the Principal under the Agreement.
Services
3.1. The basic terms of cooperation between the Parties regarding the subject and scope of services provided and the terms of remuneration are specified in a separate contractual document signed by the Parties or a letter ordering / confirming the commission of legal services (commission).
3.2. For the avoidance of any doubts, it is assumed that the Agreement does not include the obligation to provide investment advice, accounting, accounting, property appraisal, technical and environmental consultancy, valuation and detective services as well as other services that require special rights, possession of specific concessions, permits, approvals, licenses, etc. and those which, in the light of market-established practices, do not normally fall within the scope of legal services provided by legal advisers and lawyers.
3.3. In the event that the Parties conclude any other Agreements in the future, these Terms and Conditions for the Provision of Legal Services shall apply, unless the Parties expressly indicate otherwise.
Confidentiality of information
4.1. The Contractor is obliged to keep secret everything he has learned in connection with the provision of legal services (professional secrecy). The obligation of professional secrecy may not be limited in time. The Contractor may not be released from the obligation of professional secrecy as to the facts which he learned when providing legal assistance or conducting a case. The Contractor acknowledges that the obligation of professional secrecy does not apply to information made available under the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2018, item 723) - to the extent specified these rules.
4.2. The Principal acknowledges that the performance of the Agreement may require the Contractor to obtain access to documents and information constituting the secret of the Principal's business (or its related entities) within the meaning of applicable law and other non-publicly disclosed information of the Principal (or its related entities), including confidential information within the meaning of the Act of July 29, 2005 on trading in financial instruments (i.e. of November 9, 2018, Journal of Laws 2018 item 2286 (jointly the above: "confidential information").
4.3. The Principal consents to the disclosure of confidential information by the Contractor as part of appropriate judicial, administrative or disciplinary proceedings to the extent necessary to protect the rights and interests of the Contractor or his partners, employees and associates.
4.4. In order to enable the proper performance of legal services, the Principal authorizes the Contractor and provides him with the opportunity to obtain all documents and information from employees, associates, other advisers as well as persons and entities cooperating or cooperating with the Contractor.
Settlements
5.1. Unless otherwise agreed by the parties, the Contractor's remuneration for legal services rendered in a given month shall be paid on a monthly basis, by the 10th (tenth) day of the following month.
5.2. The rates of remuneration due to the Contractor are net rates, which will be increased by the tax on goods and services due.
5.3. Unless otherwise agreed by the Parties, in the case of settlements based on the Contractor's working time in the performance of services, the time devoted to the performance of legal services shall be documented by drawing up a statement of the effective time for the performance of the services. The list will be sent to the Principal in electronic form for monthly periods (calendar month). The Principal is obliged to accept the statement within two business days or to present his reasoned objections in written electronic form via the e-mail addresses of the Parties within this period. Lack of duly substantiated reservations on the part of the Principal within the above deadline in relation to the submitted statement means his acceptance without reservations.
5.4. Costs and expenses necessary for the implementation of legal services incurred by the Contractor, including the costs of business travel and accommodation shall be reimbursed by the Principal upon presentation by the Contractor of relevant documents confirming the incurrence of costs and expenses. Costs and expenses may include in particular, but not limited to: business expenses and accommodation, court and administrative fees and expenses, stamp duties, fees for issuing copies, extracts, certificates and other documents, as well as costs and expenses related to external services purchased in the interest and in consultation with the Principal.
5.5. In the event of receipt of any funds from the Principal to cover costs and expenses related to the provision of legal services or for any other purpose, these funds will be kept on the Contractor's interest-free bank account and will be used for purposes related to the implementation of legal services in accordance with the Agreement or returned to the Principal for his request. In the event of a delay in payment, the Contractor is entitled to cover the amounts due to him from the Principal for remuneration for the provision of legal services from funds received from the Principal to cover the costs and expenses related to the provision of legal services or for other purposes.
Communication
6.1. The arrangements of the Parties, the provision of legal services and communication in relation to the course of matters related to legal services rendered, as well as matters related to the settlement of remuneration, costs and expenses related to the provision of legal services or other matters related to the performance of the Agreement may be conducted in electronic form by post electronic (e-mail) or other electronic communication means (in particular instant messengers).
6.2. The Customer acknowledges and accepts that despite the use of professional technical and organizational measures to ensure the security and confidentiality of communications, some risks associated with, among others with the possibility of unauthorized unauthorized third party access to communications or system disruptions.
Documents
7.1. In connection with the services provided, the Contractor stores the documents and information in electronic form using external servers belonging to such professional service providers. They conclude the Agreement, the Customer agrees to this method of storing documents and information and acknowledges and accepts that, despite the use of professional technical and organizational measures to ensure the security and confidentiality of stored data, some risks associated with, among others, cannot be completely ruled out. with the possibility of unauthorized unauthorized third party access to collected data or system disruptions.
7.2. The Contractor is obliged to keep documentation of cases conducted as part of the services provided to the Principal during the period of rendering legal services. After the termination of the provision of legal services to the Principal, in the absence of the Principal's written instructions regarding the submission of the documentation by the Contractor, the Contractor - at his discretion - may continue to store in electronic or material documentation of matters carried out as part of the services provided to the Principal or may delete possessed documentation without prior notification to the Principal.
7.3. Notwithstanding the foregoing, the Contractor is entitled to keep an electronic copy of the documentation of cases conducted as part of the services provided to the Principal for archival purposes and to protect the rights and interests of the Contractor or its partners, employees and associates.
Intellectual property
8.1. The Contractor retains exclusive rights to the intellectual property generated in the course of providing legal services to the Principal. The Principal is entitled to use all documents and other materials generated by the Contractor in the course of performing legal services in the scope and to achieve the purpose of the Agreement.
Responsibility
9.1. The agreement is a diligent agreement. Under the Contract, the Contractor undertakes to act with due diligence in cooperation with the Principal to create conditions enabling the implementation of the Contract's goal, however, it does not guarantee that this goal will be achieved and shall not be liable for the non-occurrence of the assumed result.
9.2. The Contractor shall be liable only for the direct consequences of his actions or omissions and for actual damage (loss). The liability of the Contractor and his partners, employees and associates for damage caused by non-performance or improper performance of obligations under the Agreement (Terms), regardless of the legal basis of the claims (contractual, tort or other claims) is limited to cases of willful misconduct or gross negligence and to the value of remuneration Contractor under the Agreement, and in the absence of the possibility of determining such value under the Agreement, up to the amount of PLN 100,000.
9.3. In relation to any services commissioned to third parties through the Contractor in connection with the performance of the subject of the Contract, the Contractor's liability is limited only to fault in the choice within the meaning of art. 429 of the Civil Code.
9.4. The Contractor shall not be liable for damage resulting from the implementation of specific instructions of the Principal, provided that the Contractor has warned the Principal about the risk related to the execution of his instructions.
9.5. When performing its obligations under the subject of the Agreement, the Contractor shall act on the basis of information and documents provided by the Principal or persons acting on behalf of or for the Principal. The Contractor is not responsible for them and is not obliged to verify the accuracy, completeness and compliance with the factual and legal status of the information and documents provided by the Principal.
9.6. The Principal is responsible for the economic assumptions presented to the Contractor, constituting the basis for providing further consultancy services under the subject of the Agreement.
9.7. Without prejudice to the above limitations of liability, the Contractor shall not be liable for the consequences of non-performance or improper performance of obligations under the Agreement (Conditions) in the event that: a) the Principal or persons acting on behalf or on behalf of the Principal do not provide the Contractor with the necessary documents, information and data or they will be made available late; b) documents, data and information provided by the Principal or persons acting on behalf of or for the Principal are inconsistent with the actual or legal state, are incomplete or imprecise; c) the Principal or persons acting on behalf or for the benefit of The Principals will not fulfill the factual and legal actions indicated by the Contractor or necessary to them necessary to obtain the expected effect of a given action or action; d) failure to perform or improper performance of obligations arising from the Agreement is a consequence of circumstances for due to the Principal or third parties (financing entities, public administration bodies, courts and institutions).
9.8. The Contractor shall not be liable for any change or discrepancy in the interpretation made by public administration bodies, courts and other public institutions or entities performing public tasks.
9.9. The Contractor is not responsible for the manner in which the Principal uses the studies and materials as well as other results of consultancy activities, compliance by the Principal with applicable law or obtaining any decisions, approvals and official permits required to perform specific activities.
9.10. The Principal hereby undertakes to protect and release the Contractor and its partners, employees and associates from legal liability, any damages, costs, losses or expenses arising from any claims, demands or actions taken by any third party related to the breach of applicable law, law third parties or this Agreement.
Applicable Law
10.1. The Agreement and any disputes arising therefrom or related to the Agreement or its subject matter, including the conclusion of the Agreement or its interpretation shall be subject to and should be understood in accordance with the law of the Republic of Poland.
Dispute settelement
11.1. In the event of a dispute between the Parties regarding the implementation of the provisions of the Agreement, the Parties undertake to endeavor to settle the dispute amicably and strive in good faith to reach an agreement. If no agreement is reached within 30 (say: thirty) days of the day on which one of the Parties sends a summons to settle the dispute amicably, each Party may assert claims in the manner specified in these Terms.
11.2. All disputes arising from the Agreement or arising in connection with it will be settled by a common court in the Republic of Poland on the principles provided for in the relevant legal provisions, unless the Parties agree in a separate agreement to submit the dispute to cognition agreed by the Parties to the arbitral tribunal.
11.3. The parties are obliged not to disclose to third parties the occurrence of the dispute between them, its subject matter and course, both during attempts to settle the dispute amicably and after the initiation of proceedings before a common court or arbitration court.
Good cooperation
12.1 The Principal provides consent for the Contractor's presentation on his website and in other materials covered by the offer (client portfolio) Delegated suppliers ", as well as for using the Principal's logo for the Contractor's marketing companies, provided that such use of the Principal's name or logo will not infringe the rights Suppliers suppliers. The Customer is entitled to withdraw the abovementioned agree on any time.
Changes
13.1. The provisions of the Terms and Conditions for the Provision of Legal Services may be changed by the Contractor in accordance with the circumstances. In this case, the Contractor shall notify the Principal of the change and make available in electronic form access to the new uniform text of the Principal's Terms of Service, indicating the changes. Amendments to the Terms of Provision of Legal Services introduced in the above manner shall enter into force upon their acceptance by the Principal or after 14 (fourteen) from the date of notifying the Principal, unless the Principal terminated or terminated the Agreement before the expiry of the above deadline.
End of an agreement
14.1. Unless otherwise agreed by the Parties, the Contractor may terminate the Agreement with one month's notice with effect at the end of the calendar month with or without reason.
14.2. Either Party may terminate the Agreement with immediate effect in the event of a gross violation of its provisions by the other Party, if the state of compliance with the Agreement is not restored within 14 (fourteen) days from the date of delivery to the Party violating the Agreement of a written request to cease violations of the Agreement. A declaration of termination of the contract with immediate effect should be made in writing under pain of nullity and contain a justification stating the specific reason for terminating the Contract.
14.3. The provisions of points 4, 8 - 12, 14.3 - 14.5 of the Terms and Conditions for the Provision of Legal Services shall remain in force, despite the termination of the Agreement in the event of its termination or expiration, irrespective of the reason or recognition of the Agreement as invalid or non-existent pursuant to a final decision of any administrative authority or court, as also the occurrence of other events affecting the legal force of the Agreement. Other provisions which, by their nature, must remain in force after the termination of this Agreement, will also remain in force upon termination or expiration of this Agreement for any reason.
14.4. In the event that the Contractor's basic or additional remuneration is specified as a commission on success (the commission depends on the occurrence or non-occurrence of a specific event or condition), the Contractor retains the right to the abovementioned remuneration despite the termination, termination or expiry of the Contract, if the termination, termination or expiry of the Contract was for reasons other than gross violation of the Contract by the Contractor.
14.5. Termination or expiration of the Agreement, irrespective of the reason, does not affect any claim or lawsuit that either Party has brought or could have brought against others as a result of a breach of the Agreement.